Scenario #4: Principals v Existing Commission Agents
The Rules
The Act makes it unlawful for a principal to discriminate against a commission agent on the ground of disability in relation to:
the terms and conditions being afforded to the commission agent,
limiting or denying the commission agent’s access to
opportunities for promotion, transfer or training, or
any other benefits associated with their position as a commission agent,
terminating the commission agent’s engagement, or
subjecting the commission agent to any other detriment.
Specific Exceptions
The below exception applies to when a principal is terminating the commission agent’s engagement.
IF –
taking into account:
the commission agent’s past training, qualifications and experience relevant to engagement as a commission agent,
the commission agent’s performance as a commission agent, and
all other relevant factors that it is reasonable to take into account,
the commission agent, because of their disability:
would be unable to carry out the inherent requirements of a commission agent, or
would, in order to carry out those requirements, require services or facilities that are not required by persons without that disability and the provision of which would impose an unjustifiable hardship on the employer,
THEN – the discrimination will not be unlawful.
To determine whether there is an ‘unjustifiable hardship’, all relevant circumstances of the particular case need to be taken into account including the:
nature of the benefit or detriment likely to accrue or be suffered by any persons concerned, and
effect of the disability of a person concerned, and
financial circumstances and the estimated amount of expenditure required to be made by the person claiming unjustifiable hardship.
General Exceptions
There are no general exceptions that apply to this scenario.